SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2176
As Amended by Senate Committee of the Whole
Brief*
HB 2176, as amended, would create the Arkansas City
Area Public Library District Act and the Udall Area Public
Library District Act (Library Acts). These acts would be
identical except for references to the cities of Arkansas City
and Udall and references to USD 470 (Arkansas City) and
USD 463 (Udall). The bill would make conforming
amendments to a statute defining “local public libraries.” The
bill would also create the Blind Information Access Act
(Access Act).
Creation of Library Districts
The Library Acts would authorize the Boards of Trustees
of existing public libraries in the cities of Arkansas City and
Udall to adopt resolutions submitting to voters the question of
creating a library district and a proposed tax levy amount. The
library district territory would be the territory within the
boundaries of the relevant school district.
Upon a majority of qualified electors of the proposed
library districts voting in favor of the proposed library district,
the district would be established and all contracts, bonds,
debts, and other obligations of the existing public libraries
would transfer to the new district, except for debts related to
the ownership of real estate of the library, which would remain
an obligation of the city.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Governance of Library Districts
Library districts under the Library Acts would be
governed by seven-member boards of trustees (board or
boards). The members would be elected at the first general
election held after the creation of the library districts. Three
members would serve an initial two-year term and four
members would serve an initial four-year term. Future terms
would be four-year terms. Vacancies on the library district
board would be filled by appointment for the unexpired term
by the other board members. Members would receive no
compensation, but would be paid actual expenses associated
with their duties.
The boards would be required to annually elect a
chairperson, secretary, and treasurer and other officers
deemed necessary by the board. Regular meetings would be
set by the board, and limited special meetings could be called
by the chairperson or a majority of the members of the board.
The bill would require the board treasurer to give bond in an
amount set by the board and pay out funds on orders of the
board signed by the chairperson and secretary. County
treasurers would be required to remit funds collected for the
board to the board treasurer.
The boards would be required to annually adopt a
budget for the library following notice and a hearing
concerning the budget. The bill would require the budget to
state the amount of tax to be collected, which would be levied
on behalf of the library district by the relevant board of
education. The bill would require the tax levy to be submitted
to an election upon the filing of a petition signed by at least 5
percent of the qualified voters in the tax district. The bill would
prohibit the proceeds of the tax from supporting a regional
system of cooperating libraries for any subsequent calendar
year.
The bill would state the libraries would cease to be
participating libraries in their respective library systems. The
bill would authorize the library districts created by the bill to
2- 2176 submit a petition to join their respective library systems as
participating libraries.
Operation of Libraries
The bill would require the library to be free for the use of
residents of the library district, subject to rules adopted by the
board. The library would be permitted to charge non-residents
a fee for the use of the library.
The board would be authorized to exercise the usual
powers of a corporation for public purposes. Specifically, the
board would be authorized to:
●Make appropriate rules for the administration of the
library;
●Purchase or lease real estate for the library;
●Acquire library materials;
●Employ a librarian and other employees;
●Establish and maintain a traveling library;
●Contract with other libraries or municipalities;
●Receive gifts, grants, and tax proceeds; and
●Make annual reports to the State Librarian and the
board of education.
Blind Information Access Act
Contract for Services
The bill would require the State Librarian to estimate the
cost of entering into a contract with an organization that
delivers on-demand information access services (services) to
3- 2176 persons who are blind, visually impaired, deafblind, print
disabled, or have another disability. The services would
provide access to digital content through:
●Audio; and
●Electronic text and braille reading technologies;
and
○Other related services, including, but not
limited to:
○Kansas-specific publications;
○National publications;
○International publications;
○Breaking news sources; and
○Localized emergency weather alerts.
The services would be provided using
telecommunication services or internet services.
The State Librarian would be required to submit a report
to the Legislature and the Kansas Corporation Commission
on or before November 1 of each year that would specify the
estimate of the cost to enter into such a contract.
Funding for Services
The bill would require the State Librarian to certify the
cost to enter into or renew such a contract to the Director of
Accounts and Reports and the Administrator of the Kansas
Universal Service Fund (KUSF).
Upon receipt of the certification, the KUSF
Administration would make transfers, in 12 equal monthly
payments, from the KUSF to the State Treasurer, who would
credit that amount to the Blind Information Access Fund,
which the bill would create.
4- 2176 The bill would require that, upon receipt of the certified
amount for the services, the State Librarian would enter into
or renew the contract for services.
Conforming and Technical Amendments
The bill would make conforming amendments to
authorize KUSF moneys to be used for services contracted
pursuant to provisions establishing the Blind Information
Access Act.
The bill would also remove outdated provisions
regarding FY 2013 appropriations.
Background
The House Committee on Taxation inserted the contents
of HB 2205 into HB 2176 while retaining the contents of HB
2176. Background information for each bill may be found
below. The Senate Committee of the Whole added the
contents of SB 284 into HB 2176.
HB 2176 (Library Acts)
The bill was introduced by Representatives Rhiley and
Roth.
House Committee on Taxation
In the House Committee hearing on February 7, 2023,
proponent testimony was provided by representatives of the
Arkansas City Public Library and USD 470 (Arkansas City).
The proponents generally stated the bill would allow the
library to receive additional tax proceeds, which would
exceed the amount provided for in the city’s charter
ordinance.
5- 2176 Written-only proponent testimony was provided by
representatives of the Arkansas City Public Library and four
private citizens.
Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System (SCKLS).
The House Committee amended the bill to add the
provisions of HB 2205, a substantially similar bill regarding
the Udall Public Library.
Senate Committee on Local Government
In the Senate Committee hearing on February 1 and
February 15, 2024, proponent testimony was provided by
representatives of the Arkansas City Public Library and the
Udall Public Library. A copy of a resolution adopted by the
USD 463 (Udall) Board of Education in support of the bill was
provided.
Opponent written-only testimony was provided by a
representative of the Southeast Kansas Library System
(SEKLS). They stated the precedent that the Independence
Public Library set for ending rural tax support to the regional
system through special legislation could encourage other
libraries to do the same, which could severely hinder the
regional systems’ capacity to provide services.
Neutral testimony was provided by the State Librarian
on behalf of the State Library of Kansas. He provided
historical context regarding the regional library system in
Kansas including the provisions and distinctions between the
taxing authority that belongs to the regional library system
and the local libraries. The State Librarian also noted the
State Library of Kansas Board has the authority to approve
exclusion of a library taxing district from a system taxing
district without the exclusion harming the regional system. He
stated this bill would allow other districts to follow, which
6- 2176 could greatly reduce the funds received by the regional
systems which would make it difficult to provide services to
local libraries.
Written-only neutral testimony was provided by
representatives of the Central Kansas Library System (CKLS)
and SCKLS.
The Senate Committee amended the bill to:
●Allow the Arkansas City Public Library to submit a
petition to rejoin the CKLS once the library ceases
to participate in the regional system after
transitioning to the new library district under the bill;
●Allow the Udall Public Library to submit a petition to
rejoin the SCKLS once the library ceases to
participate in the regional system after transitioning
to the new library district under the bill; and
●Prohibit a tax levy for any subsequent calendar
year to support the regional system of cooperating
libraries on land within the library districts created
by the bill after the levies provided for in the bill
take effect.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
to:
●Add the Blind Information Access Act; and
●In the Library Acts, require the library board
members to be elected in the next general election
after the library districts are created, rather than be
appointed.
7- 2176 HB 2205 (Udall Library District)
House Committee on Taxation
In the House Committee hearing on February 7, 2023,
proponent testimony was provided by a representative of the
Udall Public Library, stating HB 2205 would better align the
library’s taxing district with its patron base and allow the
library to provide more services while levying a lower tax rate.
Written-only proponent testimony was provided by a
representative of the Udall Public Library and a private
citizen.
Written-only neutral testimony was provided by the State
Librarian of Kansas and a representative of the South Central
Kansas Library System.
SB 284 (Blind Information Access Act)
SB 284 was introduced by the Senate Committee on
Ways and Means at the request of Senator Pittman on behalf
of Senator Ware.
Senate Committee on Utilities
In the Senate Committee hearing, proponent testimony
was provided by Senator Ware and two representatives of the
National Federation of the Blind of Kansas. The proponents
provided an overview of the different services that would be
made available through the State Library by enactment of the
bill and discussed information access funding issues.
Written-only proponent testimony was provided by a
representative of Envision and 18 private citizens.
8- 2176 Neutral testimony was provided by a representative of
the Kansas Corporation Commission. The representative
requested three technical amendments.
Written-only neutral testimony was provided by a
representative of the State Librarian.
No other testimony was provided.
The Senate Committee amended the bill to:
●Change the date on which the State Librarian is
required to submit an annual expenditures report to
on or before November 1, and include the Kansas
Corporation Commission as an entity to receive
such report;
●Require the KUSF Administrator to transfer 12
equal monthly payments to the State Treasurer,
who then would credit such amount to the Blind
Information Access Fund; and
●Make technical amendments.
Fiscal Information
HB 2176 (Library Acts)
According to the fiscal notes prepared by the Division of
the Budget on the library bills, as introduced, the bills would
have a negligible state fiscal effect. Enactment of the bills
could have a local fiscal effect in Cowley County attributable
to the costs of special elections to establish the libraries and
the change in taxing districts and tax levies associated with
the libraries. Each special election is anticipated to cost
between $10,000 and $15,000. Any fiscal effect associated
with enactment of the bill is not reflected in The FY 2024
Governor’s Budget Report.
9- 2176 SB 284 (Blind Information Access Act)
According to the fiscal note prepared by the Division of
the Budget on SB 284, as introduced, the State Library
indicates enactment of the bill would increase its annual
expenditures by $99,000 from the Blind Information Access
Fund beginning in FY 2024. The agency’s estimate includes
$30,000 to contract with an organization to deliver on-
demand information access services; $54,000 in salaries and
wages for 1.0 FTE (full-time equivalent) position to promote
information access services to eligible individuals; and
$15,000 for expenses associated with outreach, periodical
subscriptions, and administrative costs.
The Kansas Corporation Commission indicated
enactment of the bill would have a negligible fiscal effect on
its operations.
Any fiscal effect associated with enactment of SB 284 is
not reflected in The FY 2024 Governor’s Budget Report.
Public libraries; Arkansas City; Udall; regional library system; district library; Udall
area public library district; Arkansas city public library district; Blind Information
Access Act
10- 2176